KAILASH PRASAD DEO,J. - (1.) Heard, Mr. S. P. Roy, learned counsel appearing for the appellants and Mr. Shekhar Sinha, learned Addl. Public Prosecutor learned counsel for the State.
(2.) The instant Criminal appeal is directed against the judgment of conviction dated 21.01.2004 and order of sentence dated 22.01.2004, passed by the learned 1st Addl. District and Sessions Judge, Fast Track Court, Koderma, in Sessions Trial No.364 of 2000, whereby, both the appellants have been convicted for the offence punishable under Section 304B I.P.C. and also under Section 498A I.P.C., and awarded rigorous imprisonment for seven years under Section 304B I.P.C. and rigorous imprisonment for three years including fine amount of Rs. 5,000/- each under Section 498A I.P.C. and in default of payment of fine, rigorous imprisonment for one year to both the appellants. Both the sentences are directed to run concurrently. The period of detention in jail custody shall be set off with the punishment awarded
(3.) The prosecution case, as made out in the written report submitted by the informant, Degan Saw before the Officer-in-charge, Jainagar Police Station on 05.04.2000, stating therein that he is resident of Digwar under Barkatha Police Station in the District of Hazaribagh. The informant has solemnized marriage of his daughter (Dilia Devi) with Hira Lal Saw, as per the Hindu Rites and Customs 4 years ago. It is alleged that at the time of marriage, the informant has given gift, dowry, jewellery etc. as per his capacity. After the marriage, the son-in-law (Hira Lal Saw) and his mother (Pipasia Devi) were asking for Rs. 5,000/- from his daughter to bring the same from the parents' house, for which they were pressurizing her and also used to assault her. It is alleged that one week prior to death of his daughter, the informant's daughter came to his house and asked Rs. 5,000/- and disclosed that, if the money is not given, the accused persons will not allow her to remain there and they will kill her and her dead-body will be thrown. The informant pacified his daughter and sent her to her 'Sasural' by saying, that he will go there to pacify them. On 01.04.2000, the daughter of the informant gave information, that her husband is trying to kill her by pressing her neck. Thereafter, the informant went to the 'Sasural' of his daughter on 02.04.2000 at Pispiro and found her daughter to be alone and no body was there. The informant has stated, that today he got information that his daughter has been killed, as somebody informed him, on telephone and thereafter he went to the 'Sasural' of his daughter, saw the dead-body of his daughter. The informant has claimed that his son-in-law and his mother have pressed the neck or by administering poison, in greed of dowry and killed his daughter. On the basis of the written report, the Police instituted Jai Nagar P.S. Case No.18 of 2000 dated 05.04.2000 under Sections 498A, 304B/34 of the Indian Penal Code. -;